(a)
General Standards.
1. Credit
will be given only for completion of CLE activities which are accredited by the
Board.
2. One (1) hour of credit
will be awarded for each sixty (60) minutes of instruction, not including
introductory remarks, keynote speeches, luncheon speeches or breaks, but
including question-and-answer periods.
3. No provider shall schedule a class for
less than sixty (60) minutes, but one-half hour credit shall be awarded for
attendance of at least thirty (30) minutes but less than sixty (60) minutes
beyond the initial sixty (60) minutes.
4. Courses offered by an accredited
continuing legal education provider shall be presumed to be accredited for the
amount of time designated by the provider.
5. Courses offered by a provider which is not
an accredited continuing legal education provider but which otherwise comply
with the rules and these regulations shall be submitted to the Board pursuant
to Section 12 of these regulations for review and may be given such credit, if
any, as the Board deems appropriate.
6. If a course does not bear entirely on any
of the subjects of:
(i) substantive law,
practice and procedure,
(ii) lawyer
ethics and the rules of professional conduct,
(iii) professionalism,
(iv) substance abuse as it affects lawyers
and the practice of law or the method of presenting the course is below minimum
standards, the Board may determine that such course is entitled to no credit or
may assign such partial credit as it deems appropriate.
(b)
Teaching Activity.
The Board may assign credit to teaching activities involving courses
accredited under the rules and these regulations upon written application
describing the teaching activity. The Board will provide forms to be submitted
for the approval of teaching credits. Credit for teaching activities will be
given on the basis of two hours credit for each hour of presentation where the
applicant has prepared quality written materials for use in the presentation.
Credit for repeat presentations or presentations without such materials will be
given only for the actual time of presentation.
(c)
Carry Forward Credits. A
lawyer may carry forward a balance of credit hours in excess of the current
annual CLE requirement for the next two (2) succeeding years. No more than two
(2) times the current annual CLE requirement may be carried forward into the
two (2) succeeding years. CLE credits for ethics, professionalism or substance
abuse may be applied as provided in Section 3(d). Distance Learning credits may
be applied as provided in Section 13(n). Pro bono credits may be applied as
provided in Section 13(o).
(d)
In-House Activities. In-house activities will not be approved
for CLE credit.
(e)
Satellite Seminars and Electronic Presentations. Seminars
viewed at remote sites by electronic transmission will receive credit if a
moderator is present or available by a telecommunication facility. The Board
may approve CLE courses consisting solely of television viewing in the home,
correspondence work or self study to accommodate the needs of the handicapped
or incapacitated.
(f)
Law
School Courses. Law school courses may qualify for CLE credit,
computed in accordance with these standards, provided that:
1.They would otherwise qualify for credit under the rules
and these regulations.
2.They [law school courses] are not required in order to
qualify for the awarding of a basic law degree. Courses offered towards
graduate or advance degrees may receive credit, upon submission of appropriate
documentation to the Board. One (1) hour of CLE credit may be given for each
approved graduate credit hour awarded by the law school.
3.The law school offering the course is a law school
accredited by the American Bar Association.
(g)
Continuing legal education
activities conducted by a provider which has not been Accredited by the
Board.
All CLE activities conducted by a provider which has not
been accredited by the Board must be individually approved by the Board for
credit. A lawyer or non-accredited provider must request approval for such
continuing legal education activity under Section 12 of these
regulations.
(h)
Self study. Self study will not be approved for
credit.
(i)
CLE for Pro
Bono.
1. The CLE Board may allow one
(1) CLE credit hour for every (5) hours of pro bono legal service performed, up
to a maximum of three (3) credit hours per compliance period.
2. Organizations eligible for accreditation
as a Pro Bono CLE Provider:
a. An organization
that receives funding from the Pennsylvania Legal Aid Network (PLAN) or the
Pennsylvania Interest on Lawyers Trust Accounts Board (IOLTA).
b. A non-profit organization with a
partnership or referral relationship with PLAN or IOLTA or project that
receives funding.
Notes
The
provisions of this Section 5 amended March 8, 1996, effective
3/9/1996, 26 Pa.B. 984; amended
May 3, 1996, effective 5/4/1996,
26 Pa.B. 2096; amended February 20, 2001, effective
3/1/2001, 31 Pa.B. 1319; amended
May 28, 2002, effective immediately, 32 Pa.B. 2864; amended January 31, 2022,
effective immediately, 52 Pa.B. 964.
